Sudhakar Ramashare Ramjitbind ... vs State Of Gujarat

1. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being C.R. No.I­21/2019 registered with Kalol Taluka Police Station, Gandhinagar for offence under Sections 307, 394, 397, 120(B) and 114 of the Indian Penal Code, under Section 25(1­B)A of the Arms Act and Section 135 of the Gujarat Police Act.

2. Learned Advocate appearing on behalf of the applicants submits that considering the nature of the offence, the applicants may be enlarged on regular bail by imposing suitable conditions.

3. Learned APP appearing on behalf of the respondent­ State has opposed grant of regular bail looking to the nature and gravity of the offence.

4. Learned Advocates appearing on behalf of the respective parties do not press for further reasoned order.

R/CR.MA/20646/2019 ORDER

5. Having heard the learned advocates for the parties and perusing the material placed on record and taking into consideration the facts of the case, nature of allegations, gravity of offences, role attributed to the accused, without discussing the evidence in detail, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicants on regular bail.

6. This Court has considered following aspects,

(a) the applicants are in jail since 03.04.2019 and 09.04.2019 respectively;

(b) the investigation is concluded and the chargesheet is filed;

(c) it is submitted by learned advocate for the applicants that the applicants were arrested in connection with the offence registered against them under the Arms Act, however on the basis of the confessional statement, the applicants have been implicated in the FIR in question;

(d) it is further submitted that the applicants are not the main accused and the allegations are leveled against one Ajit Ramdor Bind;

(e) it is further submitted that in the papers of the chargesheet, there is no material against the applicants connecting them with the incident in question. The said aspect is verified by learned APP from the Investigating Officer, who is personally present in the Court with the investigation papers.

R/CR.MA/20646/2019 ORDER In view of the aforesaid facts of the present case, I am inclined to consider the case of the applicant.

7. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra Vs. Central Bureau of Investigation, reported in [2012] 1 SCC 40.

8. Hence, the present application is allowed. The applicants are ordered to be released on regular bail in connection with FIR being C.R. No.I­ 21/2019 registered with Kalol Taluka Police Station, Gandhinagar on executing a personal bond of Rs.10,000/­ (Rupees Ten Thousand only) each with one surety each of the like amount to the satisfaction of the trial Court and subject to the conditions that they shall;

[a] not take undue advantage of liberty or misuse liberty;

[b] not act in a manner injurious to the interest of the prosecution;

[c] surrender passport, if any, to the lower court within a week;

[d] not leave the India without prior permission of the concerned trial court; [e] mark presence before the concerned Police Station between 1st to 10th day of every English calendar month for a period of six months between 11:00 a.m. and 2:00 p.m.; [f] furnish the present address of residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence Page 3 of 4 Downloaded on : Tue Jan 07 23:29:32 IST 2020 R/CR.MA/20646/2019 ORDER without prior permission of the concerned trial court;

9. The authorities will release the applicants only if he is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter. Bail bond to be executed before the lower Court having jurisdiction to try the case. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions, in accordance with law.

10. At the trial, the Trial Court shall not be influenced by the prima facie observations made by this Court in the present order.

11. Rule is made absolute to the aforesaid extent.

Direct service is permitted.

(VIPUL M. PANCHOLI, J.) Gautam Page 4 of 4 Downloaded on : Tue Jan 07 23:29:32 IST 2020